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HomeMy WebLinkAboutC.C. 16 FIREWORKS CONT 05-04-921 0"'.4 /rrr DA DATE: April 27, 1992 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: COMMUNITY SERVICES DEPARTMENT SUBJECT: FOURTH OF JULY FIREWORKS CONTRACT RECOMMENDATION: CONSENT �:ALENTDAK IN0. It 5-4-92 tt fL Authorize the City Manager to sign an agreement for $8,000 with Pyro- Spectaculars Inc. , to provide a pyro-music show for the annual Fourth of July Celebration. BACKGROUND: Planning is currently underway to produce the 1992 July Fourth Celebration. Staff recommends that the contract be awarded to Pyro-Spectaculars. The contract includes the services -of a licensed pyrotechnic operator, the County of Orange permit fee of $91.00, one million dollars liability insurance naming the City of- Tustin fTustin as additionally insured, sales tax and delivery. The contract provided by Pyro-Spectaculars has been reviewed and approved by the City Attorney. The sound system for the show is an t addiional COS � Of 1-:11,600 wn 1C;� 1s adder essed under a separate aCr -eme'_- ?Vr o -Saes �aC'.il4rS has arovideti she Ci Of Tus sir. �: ith e}_ce i lent Dr OCir ams f Or a number Ci years . mhe s taf f a Pvrc-Spec `acuia S 1s very professional and has worked Closely with the County of Orange County ire -- e Deaartmen: � .o insure ria � our pro:�rar. meets new reaulations. The -wert-y three r.inutershow is titled "Discover America." Staff solicited bids from three companies; Pyro-Spectaculars, Zambelli International and Lanais Fireworks. All of tie bids were for $8,000. Staff recommends that Pyro-Spectaculars be awarded the contract due to fact that they were the only company to comply with the new Orange County Fire Department regulations. The Tustin Unified School District has approved the application for use of the school grounds at Tustin High School. Staff recommends that the School District be named co-sponsor of the event due to the support they have provided. Staff will inform the Council as plans for the Fourth of July progress. GkrMaizv Royl Recreation Supervisor Comm GLN, JVLYI.9 2 Li . White, Director & Administrative Services - �' APR 20 192 02:03PM CITY r -'JSTIN P.2 x j(RO SPECTACULA RSR INC. Display Agreement US AGRSgMaM, enwrod into this day of --199 .._..., by and betwcon PYRO SPEC M UL.AR.S. wa% a t,._."nia corporation herchwher referred to as TYRO" and CITY OF TUS'T`IN her+cinaftcr mi=d to s$ "PURCHASEIV. 2) pyRO agrees to famish PURCHASER. in accordencx with the terms and conditions ham tort feint, 1 fireworks display as per Program submitted, accepted and made part hereof, including rho services of a heed pyrotoebnic operator to tsU charge of and, along with sufficient helpers, safely discharge the display. IU said display is scheduled to be performed an _ July 4 .1992 --. at Tustin High School - Northrup Field _ 3) PURCHASRR, at Its own oxWuo, gXces to pruvi& to PYRO: A) .4 suitable laMLAY SITS in which to stage the firework display, inckdtrg a fift and fallout zone ale too MO In wbich the firewo& sod Enwork debris may be ezhibrteci. rise and faIl safely. B) po> k8+ k Pr'a� rrotautltarised P'YRtI OdW Crowd Control measures to prevent iho wee ss of the public or its property at say otbec pooplc or pmpe y by into the DISPLAY am G) services and cost of standby firemen arullor any applicable permit foes as required by attar and local BMW , ordinances at regulations. D) ACotrss by MQ; at all limes, to the DLSPIAY t UP ft display. If PURCHASER b perform and PPURCHASERRCPURCHASERfails to fully comply with requirements A, H, C &4W A set forth above, PYRO sirekl have no obligation agrees to pay to P'YRO the entim contractprice plus any addidocal experim incurred bdcaase of said fail=. 1f. to Its sola dim, Mt d an arca for members of the public to view the VOW("Spoctuff Arts") andVar an am& for vehicular parking RCHAS("parking Area')the PUSCHASER shall: a) Busure that the Spectator Area does not infringe on the Display Area;; Have sole �8ity for ensuring that the to rain of rho 3poctstvr Arra and any structares thereon, including, but not limited to grandstands and bleachers NO safe far use by spectators; 0) Nave sole mponsibMty for ensuing that the Parking Area is safe for lista 11) Have sok responsibility to police, monitor and appropriat* control spectator acres$ to the Spectator Arca and the Parking Area and police, monitor and fly control the behavior of persons in these areas. It is expressly agreed that PYROI, (including its operators and bApm) sW1 not inspect, police, monitor or otherwise supervise any area of tho site other than the Display Arca, except t4 camm 1) 'ro--# any Spectator or Parking Areas are outside the Display Area; and J) After completion of the Display, that the Display Area is A of any live firework dab& originating 6+nm the program. 4) PURCHASER shall pay to PYRO the shirt of 'EIGHT THOUSAND— .....�-� _ - - -`" DO= ($ 8.000.1 — ).A. deposit of $ , Z.O -00 - - mast be paid by .....—X 4 199za l''ttit final paynsent is duo within ten (10) cakndar days artier the date of the display. A finance charge at a periodic rata of 1.5% per month, 18% arowal percentage rate, or aha maxdmurn no permi trA by law, whichever Is lass, will be charged on the unp dd bsla= mitt 10 days firm the date of the display. KWCHASM by signing this Agreement, authorim PYRO to receive and verify financial inforittaao,n coax allag PURCHASER froth any pwon or cntitity. S) PURCHASPR agrees to am= the risk of weather, orodwcaum beyond PYRUs control, which may PURCHASER has from �g aafetty � on the scheduled date, which may cause the cancellstron of arty event for which P� the display, or which may affect or damage such portion of the exhibits as must be placed and exposed a nocesmy time before the display. It shall be within Mas sale discmdon to dctermine whether or not the display may be safely discharged on the scheduled date and at the achesiuied time. If, for any reason beyond P7CRO's control, including. without him �jCHAS� � n b �, PYRO is �Plsy be tmablo to safoly discharge the display on the scheduled date or should any event � w P cancelled, the parties shall attempt to negotiate a new display date, which Ball be within 60 days of the original display date. PURCHASER farther agrees to pay PYRO for any additional expemm made necessary by this postpmamenL If they are unable to agree on a new display date. PYRO shell be entitled to liquidated damages from PURCHASER as if PURCHASER had c m=Ucd the display on the date set far' the display, as provided in the following paragraph. 6) PURCHASgR shall have the option to unUatexally cancel this display at any time. if PURCHASER exercises this option, pMCHASER agfees to pay to PYRO, as liquidated damages* the following per otgSes of the agreed contract price. 1) 25% if esncc&don occurs three (3) or more days before the date scheduled for the display, 2) 50% if cancellation occurs between two (2) days prior to and the actnal dace set faf the display, 3) 75% if cxrAlation occurs on the date set for the display but prior to the time physical ere! up of the display ��y beew. 4)100% thereafter. if cancellation occurs prior to the dale set for tiro display. PURCHASER agrees ly to PYRO, in addition to the above pmentagM, the value associated with any spocxfic custom work performed by PYRO or its ,ts including but not limited to musichUadott tO prpduction and/or sponsor logos. (cxrntinued on reverse side) Ra97% 714 832 0825 04-21-92 02:07PM P002 #39 7) In the event PURCHASER cancels fl, )lay, it will be impractical or extremely diff; fix the actual amount of PYRO's damages. The foregoing represents a reasonable estimate of the damages PYRO will suffer �. PURCHASER cancels the display. 8) PYRO reserves the ownership rights and trade names that are used in or are a product of the pyrotechnic display to be performed herein. Any reproduction by sound, video or other duplication or recording process without the express written permission of PYRO is `ubited. 9) PYRO agrees to furnish insurance coverage in connection with the Display 411X, for the following risks and amounts: bodily injury and property damage, including products liability ONE MILLION DOLLARS ($1,000,000) combined single limits. Such insurance shall include PURCHASER as an additional insured regarding claims made against PURCHASER for bodily injury or property damage arising from the operations of PYRO in performing the Display provided for in this Agreement. Such insurance afforded by PYRO shall not include claims made against PURCHASER for bodily injury or property damage arising from A) Failure of PURCHASER, including through or by its employees, agents and/or independent contractors, to perform its obligations under this Agreement, including, without limitation, those contained in Paragraph 3 of this Agreement; B) Failure of the PURCHASER to provide discretionary Spectator and Parking Areas referred to in Paragraph 3 of this Agreement. PURCHASER shall indemnify and hold PYRO harmless from all claims and suits made against PYRO for bodily injury or property damage arising from A) and B) of this Paragraph. 10) If any legal action is brought to enforce or interpret the terms or provisions of this Agreement, the prevailing party shall be entitled to reasonable attorney fees and costs in addition to any other relief to which they may be entitled. 11) In the event PYRO breaches this agreement, or is otherwise negligent in performing the firework display provided for herein, PURCHASER shall, under no circumstances, be entitled to recover monetary damages from PYRO beyond the amount PURCHASER agreed to pay PYRO under this Agreement PURCHASER shall not, under any circumstances, be entitled to recover any consequential damages from PYRO including, without limitation, for loss of income, business or profits. 12) It is agreed, nothing in this Agreement or in PYRO's performance of the display provided for herein, shall be construed as forming a partnership or joint venture between PURCHASER and PYRO. The parties hereto shall be severally responsible for their own separate debts and obligations and neither party shall be held responsible for any agreements or obligations not expressly provided for herein. 13) This Agreement shall be governed and interpreted under the laws of the State of California. It is further agreed that the courts of the State of California shall have exclusive jurisdiction to adjudicate any disputes arising out of this contract or performance of the display ,ided for herein. It is further agreed that the Central Judicial District of San Bernardino County, California, shall be proper venue for such action. 14) Any Notice to the parties permitted or required under this Agreement may be given by mailing such Notice in the United States Mail, postage prepaid, first class, addressed as follows: PYRO - Pyro Spectaculars, Inc., P. O. Box 2329, Rialto, California 92377. PURCHASER- - 15) All terms of this Agreement are in writing and may only be modified by written agreement of both parties hereto. Both parties acknowledge they have received a copy of said written Agreement and agree to be bound by said terms of written Agreement only. 16) If there is more than one PURCHASER, they shall be jointly and severally responsible to perform PURCHASER's obligations under this Agreement. This Agreement shall become effective after it is executed and accepted by PURCHASER and after it is executed by PYRO at PYRO's offices in Rialto, California. This Agreement may be executed in several counter parts, including faxed copies, each one of which shall be deemed an original against the party executing same. This Agreement shall be binding upon the parties hereto and upon their heirs, successors, executors, administrators and assigns. PURCHASER recognizes that because of the nature of fireworks, an industry accepted level of 3% of the product used in any display may not function as designed and this level of nonperformance is acceptable as full performance. In Witness Whereof the parties hereto, by and through their duly authorized agents, have set their hands and seals this day of ,199 PYRO SPECTACULARS, INC. PURCHASER , Title , Title PRESIDENT Purchaser to provide trench, sound/ playback equipment, and communica- tion. Price includes County of Orange permit fee of $91.00. Price does not include any applicable standby firemen fees.